ASSADULLAH Vs. STATE

JUDGEMENT

(1.) MR . Assadullah has filed this writ petition through his father Mohd. Shafi, seeking quashing of District Magistrate Jammus Order No. 07/PSA of 2007 dated June 30, 2007, detaining him under Section 8 of Jammu and Kashmir Public Safety Act, urging inter alia that despite registration of F.I.R No. 1/2007 under Sections 147/124 -A RPC, on the basis whereof, he had been ordered to be detained in preventive custody, no efforts had been made by the police to question him in connection with the F.I.R or to arrest him thereunder although he had all along been available at his residence. Denying his involvement in F.I.R No. 1/2007, he says that detention order issued by the learned District Magistrate in June 2007 had remained unexecuted for more than 70 days and in view of the unexplained delay in execution of the detention warrant, his detention was illegal. His further grievance is that material relied upon by the detaining authority had not been supplied to him thereby depriving him of the statutory protection available to him under the Jammu and Kashmir Public Safety Act.

(2.) LEARNED Counsel appearing for the detenu submits that non -execution of the detention order for more than two months renders the detention unsustainable and non -supply of material relied upon by the detaining authority to the detenu deprives him of his right to make effective representation against his detention to the Government thereby rendering his detention unconstitutional.

(3.) LEARNED State Counsel, on the other hand, justifies the detention order saying that while attending public rally of All Party Hurriyat Conference of Separatist Leader Sayeed Ali Shah Gilani at Shaheedi Chowk, Jammu, the petitioner had made pro -freedom and anti -India slogans asking the youth to fight for total independence of the State of Jammu and Kashmir, and in that view of the matter his detention would not warrant any interference. Learned counsel submits that all material relied upon by the detaining authority had been supplied to the petitioner and he had not thus been prejudiced in any manner whatsoever in making representation against his detention to the Government.